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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of special monitors for the Commission on |
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Jail Standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 511, Government Code, is amended by |
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adding Section 511.018 to read as follows: |
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Sec. 511.018. SPECIAL MONITORS. (a) The executive |
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director may place under a special monitor any correctional |
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facility that fails three consecutive annual inspections due to |
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management-related deficiencies. |
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(b) A correctional facility that fails an annual inspection |
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due to management-related deficiencies but subsequently corrects |
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those deficiencies and passes a reinspection is not considered to |
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have failed an annual inspection for purposes of Subsection (a). |
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(c) The executive director shall select persons with whom |
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the commission shall contract to serve as special monitors for the |
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commission. The commission shall provide training and supervision |
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for persons with whom the commission contracts under this |
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subsection. |
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(d) In selecting persons with whom the commission contracts |
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under Subsection (c), the executive director shall: |
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(1) select persons who are not employees of the |
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commission or a correctional facility; |
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(2) comply with any applicable requirement or standard |
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established by the Texas Building and Procurement Commission; and |
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(3) use criteria related to the nature of the |
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deficiency that resulted in the facility's report of noncompliance. |
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(e) A contract entered under this section must: |
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(1) set an amount of monthly compensation to be paid to |
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the special monitor; and |
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(2) expire on the 90th day after the date the |
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correctional facility under review and monitoring by the special |
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monitor is certified by the commission to comply with all |
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applicable state laws and minimum standards with respect to which |
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the facility was found to have management-related deficiencies. |
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(f) A special monitor shall: |
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(1) ensure that the correctional facility is taking |
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adequate measures to remedy any management-related deficiency that |
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resulted in the facility's report of noncompliance; |
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(2) suggest in writing to the correctional facility |
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additional measures the facility could take to remedy any |
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deficiency described by Subdivision (1); |
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(3) provide to each entity that owns the correctional |
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facility or that is responsible for the operation of the |
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correctional facility a written quarterly report concerning the |
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status and progress of the review; and |
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(4) provide to the commission at each regular |
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quarterly commission meeting the report described by Subdivision |
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(3). |
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(g) At the end of each month any portion of which a special |
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monitor reviewed a correctional facility, the special monitor shall |
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submit to the executive director a bill for the review and |
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monitoring of the correctional facility conducted by the special |
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monitor. If the executive director determines that the bill |
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complies with the terms of the special monitor's contract, the |
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executive director shall immediately forward the bill to the county |
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or municipality that operates the correctional facility or for |
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which a private vendor operates the correctional facility. |
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(h) A county or municipality that receives a bill from the |
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executive director under Subsection (g) shall make payment on the |
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bill in the same manner as the county or municipality makes payments |
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on other county or municipal obligations. |
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SECTION 2. Section 511.0091, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) To reimburse the commission for costs incurred in |
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implementing and administering Section 511.018, the commission |
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shall collect a fee from a county or municipality that operates a |
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correctional facility or for which a private vendor operates a |
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correctional facility that is placed under a special monitor under |
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that section. The fee must be in an amount equal to two percent of |
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the total amount paid by the county or municipality to the special |
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monitor under Section 511.018(h). |
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SECTION 3. This Act takes effect September 1, 2007. |